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All Journal Trunojoyo Law Review
Shabrian Hammam Fanesti
Ma'had Aly Al-Munawwarah Riau, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Taḥqīq al-Manāṭ as a Judicial Review Method: Comparison Between Constitutional and Islamic Law Putra Perdana Ahmad Saifulloh; Shabrian Hammam Fanesti; Muhammad Adiguna Bimasakti; Dindha Shahrazade Sulaiman; Dhita Widya Putri
TRUNOJOYO LAW REVIEW Vol 8, No 2 (2026): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i2.34435

Abstract

Taḥqīq al-Manāṭ is a method of applying general legal rules to specific contextual cases. The Taḥqīq al-Manāṭ process involves determining the law based on its sharīʿah sources, then examining the case or reality to be faced before applying the law. Thus, Taḥqīq al-Manāṭ is the process of describing cases based on reality. This is because the main key in realizing the law lies in a deep understanding of reality. Therefore, this paper aims to study and introduce Taḥqīq al-Manāṭ as a method of Judicial Review in Islamic law and its potential contribution to constitutional law science. Based on the findings of this study, the Taḥqīq al-Manāṭ method can be adopted by constitutional judges to test laws against the 1945 Constitution. This research recommends applying Taḥqīq al-Manāṭ in constitutional judges' deliberation meetings to prevent decisions that undermine the public interest, and it can be implemented through constitutional conventions. This article uses a normative research methodology that focuses on document studies..
Co-Authors Dhita Widya Putri Dindha Shahrazade Sulaiman Muhammad Adiguna Bimasakti Putra Perdana Ahmad Saifulloh